Gurumoorthy S v. The Managing Director

ORDER Heard the learned counsel on either side.

¶2The petitioner retired as Assistant in the respondent corporation. He reached the age of superannuation on 23.07.2020.

3.Subsequently, settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from

01.09.2019. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 24.08.2022. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.

¶4This stand of the petitioner cannot be disputed. I therefore direct the respondent corporation to pay differential benefits in respect of gratuity and leave salary. This amount shall be paid within a period of six months from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed form the date of the petitioner's retirement till the date of payment.

¶5The Writ Petition is allowed. No costs.

27.04.2023 Index : Yes / No Internet : Yes/ No rmi

G.R.SWAMINATHAN, J. rmi

27.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Gurumoorthy ... Petitioner Vs. 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Ltd., New Railway Station Road, Kumbakonam-612 001. 2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Ltd., Kumbakonam Region, New Railway Station Road, Kumbakonam-612 001. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to disburse the petitioner's difference amount of gratuity, surrender leave pension arrears and to revise pension on the basis of 12(3) settlement dated 24.08.2022 along with 6% interest. For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadeesbalan Standing Counsel